Keyamo should stop meddling in air transport operations, regulations

The repeated nosyness of the Minister of Aviation and Space Development, Festus Keyamo, on operational and regulatory matters in the air transport sector could easily be considered mandatory business in the sector. However, this amounts to a violation of applicable regulations, which harms the sector, and Keyamo should know better. While the Minister may have good intentions for this critical industry, he must stick to his responsibilities as a policy maker and, to a lesser extent, the role of regulators – for which he has zero remit.

To start with, the aviation industry is highly regulated around the world. Particularly for regular commercial operations, given the sheer size of the investment and the risks involved, all aspects of the operation are subject to stringent operational policies and procedures in line with safety standards. It is an industry based on precision that does not tolerate compromises, violations and violations of established guidelines – regardless of who the minister is.

In Nigeria, regulatory guidance is found in the Nigerian Civil Aviation Regulations, 2023 (NCAR 2023), which designates the Nigerian Civil Aviation Authority (NCAA) as the apex authority with the duty to legislate on various matters including aircraft registration, transportation aviation navigation services, airworthiness standards, aviation safety and security, commercial air transport, personnel licensing and airport and airspace standards. The NCAA also provides allied aviation services. Among other things, the guidance also recognizes the Ministry of Aviation as “responsible for formulating policies and strategies for the industry” – not directly involved in operational and technical functions and supervisory responsibilities. In particular, according to the global standard, the NCAA is an autonomous body composed of key specialists that must be free from external interference.

In this respect, the recent Dana Air case turned out to be a breach rather than a compliance with the terms of reference. Recall that the carrier’s McDonnell Douglas (MD) 83 plane flying to Lagos with 83 passengers and six crew members on board ran off the runway in Lagos. Just a day after the incident and after the Nigerian Security Investigation Bureau (NSIB) stepped in to unravel the causative factors, a memo signed by the Permanent Secretary of the Ministry of Aviation and Space Development, Emmanuel Meribole, ordered the suspension of the airline’s operations.

The memo stated that “the minister noted that recent incidents involving Dana Airlines have raised serious concerns about both the safety and viability of its operations.” Therefore, “In light of these incidents, and keeping in mind that the highest priority is the safety and well-being of our citizens and travelers, the Minister has directed the NCAA to immediately begin suspending the Dana Airlines fleet pending a comprehensive audit. ” The NCAA immediately complied and suspended Dana Air operations.

Across the industry, it is worth noting that the Minister does not have the authority to issue an operational directive to the NCAA without violating its autonomy. Therefore, executive order compliance is a misnomer in modern civil aviation. The question is: based on what findings and recommendations, what authority or technical competence did Keyamo order Dana Air to suspend the entire operation, given that the investigation was ongoing? In a much more bizarre response to the strong condemnation of the suspension by stakeholders, Keyamo in a live television program highlighted accidents involving the airline, including the 2012 plane crash.

His words: “Remembering some of them, you remember that their plane was approaching the runway and the doors opened, the doors of the plane opened. There were also incidents after the disaster in which Nigerians died and I do not want to continue to deceive Nigerians because I have an obligation to them to tell the truth. It’s about their safety.” But the big question is: what significance does the 2012 crash have for the 2024 runway excursion and whose investigation? Do Keyamo and the company know that every incident or accident is legally investigated and specific recommendations are made to ensure closure and streamlining of operations? Have all Dana Air operations been suspended for non-operational reasons? While Keyamo is right to prioritize safe operations, what is the logic in retroactively punishing past incidents?

By extension, development is a test of the character and professionalism that can be obtained in the current NCAA. Could NCAA inspectors have approved airline operations and flights that are unsafe and only needed a non-aviator minister to stop them? If not, why didn’t the NCAA take action contrary to the minister’s uninformed position to save the industry from embarrassment? Was the decision to bow out the acting CEO’s decision, or was it a professional or political issue?

Overall, the optics are not good for either the NCAA or the industry. Keyamo’s intervention means the country either has an NCAA that is happy with statutory security and economic audit responsibilities, or one that is flexible at the behest of political officials and benefactors who are unfamiliar with aviation protocols. Either way, it is extremely dangerous for the industry and the country.

The damage is glaring. Pursuant to the order to suddenly suspend the airline’s operations, the carrier’s situation is now much worse than a month ago. Just a few days ago, around 1,000 employees of the airline were laid off and the airline’s leasing agreement with creditors is now in jeopardy. This comes at a time when Keyamo has just returned from abroad with assurances that lessors will be more favorable to Nigerian operators by offering affordable aircraft leasing terms. But would any credible investor or lessor still be willing to venture into a market where the Minister could unilaterally order the approval or refusal of air transport licenses for local operators?

Keyamo’s attitude is reminiscent of the aviation ministry’s sordid past of displays, but it is the responsibility of stakeholders to insist on adherence to established guidelines on the health of the sector. In this industry, there were ministers who suspended airlines and interfered with the activities of various agencies in one fell swoop. They routinely fill all agencies with cronies, so that the specialized agencies now have bloated administrative staff than the main specialists. This abuse of power and disregard for expertise easily destroys trust in the sector and sets the industry on a backslide towards oblivion.

The industry should demand a sensible policy direction from the ministry that will secure investment and improve the sector’s fortunes. There should be less interference with regulatory obligations. Keyamo is tasked with fixing the broken aviation sector, and the first point of call is at home. The supreme regulatory body must be independent and carry out its core tasks of auditing the safety and economics of operating carriers, in accordance with Section 4(1). 3 of the Nigerian Civil Aviation Act. Both local and foreign airlines must consider Nigeria as eco-friendly. If he makes the sector more attractive, global investors and service providers will come here, not our minister searching the clouds in Hungary, France, London, Dubai and Saudi Arabia for unimpressed stakeholders.